PJ2009 Posted July 16, 2009 Posted July 16, 2009 Will be filing a terminated plan soon for a determination letter on 5310. Can the amended/restated plan document be submitted to the IRS unsigned? Thank you. pj
Guest Sieve Posted July 16, 2009 Posted July 16, 2009 I believe it can be (as a proposed amendment), but then the favorable determination letter will be subject to the amendment/restatement being signed within 91 days of the issuance of the favorable letter. Why will it not be signed?
John Feldt ERPA CPC QPA Posted July 16, 2009 Posted July 16, 2009 91 days? I thought it was only 90 - wow - an extra day!
PJ2009 Posted July 17, 2009 Author Posted July 17, 2009 Thanks for the replies. The document might not be signed due to timing issues (month end, vacations, etc.). Also, in my experience, the IRS always makes changes. This way, we can get the document signed one time--when the IRS finally signs off on all provisions. I just want to be sure that the filing is not bounced for failure to have a signed document. The board action, however, will be signed in a timely manner. Thank you. pj
Guest Sieve Posted July 17, 2009 Posted July 17, 2009 J4 -- I wasn't sure if it was 90 or 91 days, and made a lucky guess. It's 91 (Treas. Reg. Section 1.401(b)-1(e)(3)). And I'm sure there are plenty of people who out there who would have loved an extra day to take some IRS action . . . PJ -- The above-cited reg is the one on which I'm relying when I say the resatement does not have to be signed before you go to the IRS with a favorable determination letter request (if, of course, the application is made timely with respect to the plan's amendment/restatement remedial amendment period).
PJ2009 Posted July 17, 2009 Author Posted July 17, 2009 J4 -- I wasn't sure if it was 90 or 91 days, and made a lucky guess. It's 91 (Treas. Reg. Section 1.401(b)-1(e)(3)). And I'm sure there are plenty of people who out there who would have loved an extra day to take some IRS action . . .PJ -- The above-cited reg is the one on which I'm relying when I say the resatement does not have to be signed before you go to the IRS with a favorable determination letter request (if, of course, the application is made timely with respect to the plan's amendment/restatement remedial amendment period). Wonderful. Thanks so much. Thank you. pj
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